The National Congress of Australia’s First Peoples (Congress) responds to the Interim Report of the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples with the following key points:

• The National Congress of Australia’s First Peoples (Congress) has given qualified support to the Interim Report of the Joint Select Committee.

• In particular, Congress welcomes the Committee’s confirmation that racial discrimination must be removed from the Constitution, while at the same time affirming the Commonwealth should maintain responsibility for the security and wellbeing of the First Peoples of Australia.

• Congress agrees with the proposition to repeal Section 25, which acknowledges States had the power to ban people of a particular race from voting, and the proposition to repeal of Section 51(xxvi), which empowers the Commonwealth to make laws based upon race.

• However, Congress is cautious about the options provided by the Committee to prevent racially discriminatory laws. We will examine that part of the report very closely to ensure that the options provided are legally sound and will work.

• Congress supports the Committee's findings that the Commonwealth must maintain a head of power in the Constitution to make laws that benefit Aboriginal and Torres Strait Islander Peoples.

• When the final report is tabled Congress intends, as a matter of duty, to again consult with the First Peoples to assess the views and level of support for the final proposal for a Referendum on Constitutional Recognition.

For in-depth anaylsis, please read the following.

The National Congress of Australia’s First Peoples (Congress) has given qualified support to the Interim Report of the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples. However, Congress emphasises that reform of the Constitution must ultimately receive endorsement from Aboriginal and Torres Strait Islander Peoples before going to Referendum.

The Committee is tasked with inquiring into and reporting on ways to progress towards a successful Referendum. The Committee tabled its Interim Report in the House of Representatives on Tuesday and in the Senate yesterday.

“Congress notes the Committee’s Interim Report gives close consideration to all the recommendations in the original report from the Expert Panel on Constitutional Recognition of Indigenous Peoples . In particular, Congress welcomes the Committee’s confirmation that racial discrimination must be removed from the Constitution, while at the same time affirming the Commonwealth should maintain responsibility for the security and wellbeing of the First Peoples of Australia," said Congress Co-Chair Kirstie Parker.

Congress agrees with the proposition to repeal Section 25, which acknowledges States had the power to ban people of a particular race from voting, and the proposition to repeal of Section 51(xxvi), which empowers the Commonwealth to make laws based upon race.

However, Congress is cautious about the options provided by the Committee to prevent racially discriminatory laws. Congress will examine that part of the report very closely to ensure that the options provided are legally sound and will work.

Congress supports the Committee's findings that the Commonwealth must maintain a head of power in the Constitution to make laws that benefit Aboriginal and Torres Strait Islander Peoples.

Co-Chair Les Malezer noted the Interim Report was largely in step with the 2012 recommendations of the Expert Panel.

"We welcome the consistency between these two reports and encourage the Committee to continue with its positive attitude," Mr Malezer said.

"We understand the Committee will now visit communities across Australia and we welcome that effort. However, these scheduled visits by the Committee do not signal final consent from our populations on the Referendum, and we have to wait to see if the final report of the Committee provides positive reforms in the opinion of our Peoples."

According to the Interim Report, the Committee confirms that, to be successful, the proposed Referendum must recognise Aboriginal and Torres Strait Islander Peoples as the First Peoples of Australia; preserve the Commonwealth's power to make laws with respect to Aboriginal and Torres Strait Islander Peoples; and in making laws under such a power, prevent the Commonwealth from discriminating against Aboriginal and Torres Strait Islander Peoples.

The Committee canvassed five options to replace Section 51(xxvi); four of these options prohibit the making of laws that ‘discriminate adversely’ against Aboriginal and Torres Strait Islander Peoples. These options effectively narrow the Expert Panel’s recommendation for a general prohibition on racial discrimination via a new Section 116A to a specific prohibition in respect to Aboriginal and Torres Strait Islander Peoples only.

The Committee does not support the recommendation for a new Section 127A, recognising languages, but favours incorporation into a replacement to Section 51(xxvi). It also reported that it had yet to hear direct evidence of community views recognising Aboriginal and Torres Strait Islander people in an introductory statement to the Constitution.

"Congress encourages our Peoples and non-Indigenous Australians to engage with the Committee as it continues its inquiry, and the Australian Government to be clear and consistent around the likely timing of a Referendum,” Ms Parker said.

"In 2013, Congress members were surveyed on their attitudes to Constitutional Recognition and expressed overwhelming support for each of the Expert Panel’s proposed changes, especially those around recognition of Aboriginal and Torres Strait Islander culture and heritage (94%) and ruling out of discrimination by Governments on the basis of race (90%).

“While the principle of non-discrimination is important, Congress members signalled clear support for prohibition of discrimination.”

There was also strong support from Congress members for respect for and protection of Aboriginal and Torres Strait Islander languages (88%); scrapping of States’ powers to ban voters based on race (87%); preservation of the right to make laws for the benefit of our people must be preserved (83%); and removal of the ability for laws to be made on the basis of race (82%).

Ms Parker and Mr Malezer noted that the Committee is inviting such evidence at its upcoming public hearings and in the form of written submissions before it compiles its final report. The final report is due to be completed by the end of June 2015.